The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-28
DE FACTO AND DE JURF,

DE facto officers are recognized by the law,
for the protection Of public interests and
private rights, whenever for any proper or
apparently legal cause, the de iure officer may
not be in the exercise of his duties; but we
have never heard of, nor is there any good
reason in law or in morals for, the existence OF
de facto officer where the de jure officer is
excluded from the office by mere brute force
and illegal and revolutionary methods. To
recognize de facto officer in SUCH case would
be to overturn government and to leopard
precisely the good that compels the recogni-
ton of de facto officers under certain circum-
stances. While Acknowledgements Robert
son was under the formal restraint Of an in
junction. it was proper and legal that the SEN
ate should be recognized by the House of Rep
resentatives and the people as under de facto
President, although now it is known that
Green Smith has no moro right to the chair
than convict from the State prison. But
when the Injunction was dissolved. and the
Supreme Court, by the opinion Of majority
of its judges, indicated how, and how alone
the election of Lieutenant-governor Robert
son could be contested, to recognize Green
Smith as de facto officer would be to recog-
nize revolution and force in the overthrow of
the Constitution, to recognize a revolution as
reasonable in its intent and as disastrous in
its results, if successful, as the treason and
rebellion of the Southern States against the
national government in 1851. If the House
Of Representatives recognize, for any
reason, the de facto authority of
Senate, there is an end to constitutional GOV
eminent, for any mob Of thirty-two men can
conclude to be law unto themselves, and by
surrounding themselves with sufficient force.
can defy the lawful and constitutional au-
thorities of the State It makes no difference
in essence whether this mob of men be COM
posed Of so-called State Senators, with oaths
to support the Constitution, or Of convicts
from the State prison who could escape and
organize rebellion against the government
In 1860-1 even United States Senators, with
oaths upon their conscience, did not hesitate
to become conspirators and traitors.
The suggestion that, in the interests of
public business-the passage of loan bill,
the making of appropriations and the leyying
of taxes-the House of Representatives should
recognize the revolutionary attitude of the
Senate. is as reasonable as it is cowardly.
The Republican party is pre-eminently the
party Of law. It has submitted to eyery in
dignity and to every outrage against personal
and public right, in obedience to even the
empty form of law. It has submitted to the
vitiation of public election; it has submitted
to see the Acknowledgements of the State
thrown out of the chamber where he is con-
additionally the lawful presiding officer.
But now, by the same token, obedience to
law and for the support of the Constitution,
it must stand where it is to the end Of time,
If need be, that lawlessness and revolution
shall not triumph. The Republican who
would propose to recognize the Senate, on
any plea, Is not only not Republican,